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  • Drumgo v. Kuschel

    Publication Date: 2020-05-27
    Practice Area: Civil Rights
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D68992

    District court erred in granting qualified immunity to corrections officer where there were genuine disputes of material fact as to whether the officer's frisk search went beyond the bounds of legitimate penological interests and constituted a sexual assault.

  • Harmon v. Dep't of Fin.

    Publication Date: 2020-05-13
    Practice Area: Civil Rights
    Industry: Real Estate | State and Local Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D68978

    The district court applied the improper standard regarding abstention. Vacated and remanded.

  • Cousins v. Dutton-McCormick

    Publication Date: 2020-03-18
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Stark
    Attorneys: For plaintiff: Daniel R. Cousins, James T. Vaughn Correctional Center, Smyrna, DE, pro se plaintiff.
    for defendant: Stuart B. Drowos, Deputy Attorney General, Delaware Department of Justice, Wilmington, DE, attorney for defendants.
    Case Number: D68911

    Motion to compel production of documents granted to the extent that correctional facility could conduct additional search for the duty roster for the section and timeframe in question in plaintiff's inmate's complaint.

  • Shabazz v. Delaware Dep't of Corr.

    Publication Date: 2020-03-18
    Practice Area: Civil Rights
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Matthew G. Summers, Brittany M. Giusini and William J. Burton, Ballard Spahr LLP, Wilmington, DE for plaintiff.
    for defendant: Stephen M. Ferguson, Delaware Dep’t of Justice, Wilmington, DE for the state.
    Case Number: D68915

    Inmate failed to satisfy the requirements for a preliminary injunction preventing his transfer to another correctional facility.

  • Chang v. State of Delaware

    Publication Date: 2020-03-11
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Stark
    Attorneys: For plaintiff: Weih Steven Chang, Hockessin, DE, pro se plaintiff.
    for defendant: Rosamaria Tassone-DiNardo, First Assistant City Solicitor, City of Wilmington Law Department, Wilmington, DE for defendant city. Ryan P. Connell, Deputy Attorney General, Department of Justice, State of Delaware, Wilmington, DE for defendants State and stage agencies. Gary H. Kaplan and Art C. Aranilla, Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE for defendant Children’s Advocacy Center of Delaware.
    Case Number: D68902

    Rule 60 motion denied where plaintiff failed to identify facts previously unknown to him during the prior proceedings and where his unsubstantiated allegations of judicial bias did not warrant extraordinary relief.

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • McNeill v. Snow

    Publication Date: 2020-01-08
    Practice Area: Civil Rights
    Industry: Health Care | State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Dale Kevin McNeill, pro se plaintiff.
    for defendant: Ryan Patrick Connell,Delaware Dep’t of Justice, Wilmington, DE for defendant Wesley. Dana Spring Monzo and Karine Sarkisian, White & Williams, Wilmington, DE for defendant Connections CSP Inc.
    Case Number: D68834

    An inmate failed to adequately state a claim for violations of his civil rights, because the record did not show any personal in-volvement by the warden or any unlawful policy by a health care provider.

  • Melendez v. Harper

    Publication Date: 2020-01-08
    Practice Area: Civil Rights
    Industry: Health Care | State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Anibal Melendez, Smyrna, DE, pro se plaintiff.
    for defendant: Dana Spring Monzo, White & Williams, Wilmington, DE for defendant Mills.
    Case Number: D68835

    An inmate's complaint for civil rights violations failed to state any personal involvement on the part of one defendant, so the court dismissed that claim and allowed plaintiff to amend.

  • Abbatiello v. Metzger

    Publication Date: 2019-12-11
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Anthony A. Abbatiello, James T. Vaughn Correctional Center, Smyrna, DE, pro se plaintiff.
    for defendant: N/A
    Case Number: D68799

    Plaintiff's pro se civil rights complaint could proceed where plaintiff had alleged cognizable Eighth Amendment and due process claims against prison officials.

  • Jones v. Pierce

    Publication Date: 2019-12-11
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Michael L. Jones, Dallas, PA, pro se plaintiff. Ryan Patrick Connell, Delaware Dep’t of Justice, Wilmington, DE for defendant Pierce.
    for defendant: Dana Spring Monzo and Lindsey E. Imbrogno, White & Williams, Wilmington, DE for defendants Gant-Major and Krafcik.
    Case Number: D68803

    The court granted summary judgment in favor of defendants in this civil rights matter, because plaintiff failed to show that defendants' conduct amounted to deliberate indifference to plaintiff's medical needs while he was an inmate.

  • Terry v. Dover Police Dep't

    Publication Date: 2019-12-04
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Alfred R. Terry, Georgetown, DE, pro se plaintiff.
    for defendant:
    Case Number: D68795

    Governmental entities named in this civil rights suit were entitled to immunity, and the complaint failed to allege personal in-volvement on the part of the individual defendants. Complaint dismissed, with leave to amend.